
INTRODUCTION
The Association of Female Lawyers (AFELL) was incorporated under the laws of the Republic of Liberia on 24 February 1994 with accreditation from the then Ministry of Planning as a nonprofit, non-governmental organization. AFELL‟s mission is to advocate for the promotion, protection and advancement of the rights of women, children and indigent persons in the society. The organization has membership of female lawyers from varying sectors including government, non-governmental organizations, civil society organization and UN agencies under the shared visionof ensuring the promotion and protection of the rights of women, children, indigent and marginal groups for the purpose of ending human rights violations including violence against women and girls.
As identified in the strategic planning workshop and articulated in AFELL current Strategic Plan, the following human rights concerns are articulated. From the strategic planning workshop, as well as desk review of secondary data, there are about “ten facts about human rights in Liberia.”
Some human rights concerns include ritualistic killings, police abuse,incidents of so-called “trial byordeal”, arbitrary arrest, the denial of due process, violence against women, domestic violence, female genital mutilation, child abuse, human trafficking, and child labour. (https://en.wikipedia.org/wiki/Human_rights_in_Liberia)
Also, on December 8, 2018 the Borgen Project Report flagged several human rights issues in Liberia. These include:
- Violence against women which is a major concern in Liberia. It is not uncommon to have domestic violence and sexual violence including rape and female genital mutilation (FGM). Marriage at a young age is also commonplace. Impunity, or lack of punishment for these crimes, is prevalent. Sexual harassment is not explicitly prohibited by law. However, a bill was passed in July 2018 to set regulations against domestic violence.
- The country‟s maternal mortality rate is one of the highest in the world. Despite some progress, girls still face barriers to attaining equal education as do students with disabilities. Child abuse, child marriage and even infanticide of children with disabilities are severe human rights violations that still occur in Liberia.
- Conditions in Liberian prisons are poor. They are extremely overcrowded and there is a lack of adequate medical care, sanitation, food and water. See https://borgenproject.org/facts-about-human-rights-in-liberia.
Furthermore, a report published by https://newsghana.com.gh/the-prevailing-threats-of …24/08/2020 · notes that threats to the violations of human rights in Liberia are increasing and these are due to a weak Justice system, high unemployment rate, poor qualities of health, etc. A few key reports on human rights violation include from media.aclj.org/pdf/Human-RightsViolations-in… as well as US Embassy Human Rights Report on Liberia published on https://lr.usembassy.gov/our–relationship/official–reports/human–rights–report 30/03/2021.
In this respect, the below human rights issues and concerns are critical for AFELL‟s intervention:
- Domestic Violence
- Inheritance Rights
- Land Rights
- Divorce / Abandonment
- Child Abuse
- Child Neglect
- Harmful Practices
- Discrimination
- Political Prejudices and Biases
- Human rights violations against indigents
- Sexual Exploitation and Abuse
- Human Trafficking
- Advancement of women in political participation
- Women and children health rights
AFELL has been involved in projects relating to law reform, promoting awareness of legal provisions and standards as well as conducting Legal Aid Clinics offering mediation in noncriminal cases and legal representation which has contributed towards reduction on case backlogs.
This advocacy strategy is intended primarily for the Association of Female Lawyers of Liberia to aid interventions to prevent and respond to gender based violence using comprehensive, multisectoral and multi-level approaches. The strategy will be used as a tool by AFELL to advocate for the protection of women, girls, and marginalized groups from all forms of violence; reinforce legal mechanisms that will protect women and girls; and ensure accountability for gender-based violence.
The strategy focuses on advocacy with relevant stakeholders including government, the judiciary, and Non-Governmental Organisations, community leaders, women, and youth leaders. Notwithstanding, the advocacy strategy can also be utilised by other human rights institutions with focus on addressing gender-based violence against women, girls and marginalised groups including LGBTIQ+ and persons with disability to address issues of concerns.
The AFELL advocacy strategy has been developed with financial and technical support from Spotlight Initiative through the Office of the High Commissioner for Human Rights (OHCHR). The Spotlight Initiative Project also provided funds for the development of the AFELL strategic plan which outlines AFELL mission, vision including comprehensive GBV programing outlining key objectives and activities, emerging issues, key challenges and relevant suggestions for enhancement. This Advocacy strategy complements and is intended to operationalize the core work and strategic interventions of AFELL.
In developing the strategy, one consultation was held in Ganta, Nimba county with cross section of female lawyers who are also women and girls‟ rights defenders followed by individual consultations in Montserrado County. with CSOs. The stakeholder provided critical feedback on understanding the needs of the affected population for GBV protection and response.
The Strategy includes an advocacy matrix which breaks down the goals into actionable steps that can be easily followed and tracked as well as sets the stage to formulate an action plan with timeline for when specific tasks need to be completed.
SITUATIONAL ANALYSIS
In Liberia, women, children, and marginalized groups including persons with disability and LGBTIQ+ community face several challenges which lead to deprivation of justice which is an inherent right of every citizen. In addition, women and girls experience constant marginalization due to traditional, cultural, and societal prejudices and biases against them. They are vulnerable to harmful practices including female genital mutilation, gender-based violence, sexual exploitation, early marriages and violence against women in politics and elections. Often, rape cases are consciously compromised by law enforcers, local authorities, and family members; they often act against the will of victims, which is an affront of the rape law.
Legislations that criminalize violence against women and girls continue to play a vital role in promoting gender equality and ending violence against women and girls, whilst eliminating all forms of discrimination against women and girls do not only have a multiplier effect across all other development areas but also are essential to achieving basic human rights.
Victims are ignorant in most instances and are left with long-life traumatic physical and psychological scars while perpetrators roam freely. To support the justice system, AFELL‟s Legal Aid Clinic engages in mediation as first option of giving relief to the parties and at the same time reducing the case load on the dockets of the courts. Cases of rape and assault are exempted from mediation under AFELL‟s ADR mechanism. These cases are usually litigated. AFELL also engages in litigation representation when the defendants refuse to appear for mediation or when the parties fail to reach an understanding during mediation.
SUMMARY OF NEEDS THE GBV PREVENTION AND RESPONSE STRATEGY
The strategy supports the work of AFELL on advocacy engagements related to strategies on gender-based violence response, prevention, and protection; mainstreaming gender and human rights in programming processes; and law reform. Additionally, the advocacy will aid in highlighting commitments by the Government of its international commitments on addressing and ending sexual and gender-based violence in Liberia. AFELL will work in collaboration with government, OHCHR, UN Agencies, CSOs and other pertinent stakeholders working on GBV related issues.
STRATEGIC OBJECTIVES AND PRIORITIES Goal
The overarching goal of the advocacy strategy is to promote respect for human rights, leverage the competencies and expertise of AFELL to advocate for change to ensure that legal and policy frameworks and programming across all sectors, through all stages, and by all stakeholders are conducted in a manner that is victim-centered and substantially reduces the risk, promotes resilience, and supports lasting solutions to addressing GBV. Additionally, to advocate for mechanisms and comprehensive services, reduce risk, promote resilience, and support lasting solutions for those affected by gender-based violence in Liberia. Specifically, this advocacy strategy will seek to address lifesaving response for women, girls, and children at risk of violence, GBV prevention and integration of GBV risk mitigation and gender mainstreaming across all sectors aimed at promoting dignity, safety and health for all with focus on women, girls and marginalized groups living in Liberia.
Objectives
The main objective of this advocacy strategy is to facilitate change, promote compliance with law and policy, advocate for policy, legal and institutional reform for better promotion and protection of women, girls and other marginalized groups from gender-based violence. To this end AFELL‟s advocacy will endeavor to advocate for:
- Improved law reform process and mainstreaming of human rights and gender sensitive in laws/policies and programs
- Improved access to quality Gender Based Violence response services that are victimcentred for women, girls and marginalized groups at risk
- Strengthened national system that prevent and respond to gender-based violence and provide protection and support that is victim centred
- Strengthened capacity of Gender Based Violence actors including CBOs and Women‟s rights organizations to deliver quality Gender Based Violence services
- Help build the capacity of service provides to promptly respond to and address gender based violence and other forms of violence against women and girls.
In addition, this Advocacy Plan seeks toforge partnerships with human rights CSOs and CBOs especially those that focus on women and girls‟ rights. As AFELL does not have office all over Liberia collaborating with CSOs including the NCSCL Human Right Advocacy Platform that now has regional offices in the five regions of Liberia, will go a long way in helping AFELL achieve its mandate. It is important to also work closely with the Independent National Commission on Human Rights of Liberia that has human rights monitors across Liberia. In fact, by their creation and in line with the Paris Principles of 1993, National Human Rights Institutions are under obligations to forge partnerships and collaborate closely with CSOs.
Besides, AFELL will continue to forge partnership with key line Ministries and Agencies of Government especially the Ministry of Gender Children and Social Protection, Ministry of Justice, Ministry of Health, Liberia Land Authority and Ministry of Agriculture. Last, AFELL will have to forge partnerships with bilateral and multilateral partners, and donors including the UN in Liberia especially, UNDP, OHCHR, UNICEF, UNFPA, UNWOMEN, and the Resident Coordinator‟s Office that will be able to support AFELL‟s programs and activities.
Guiding Principles
AFELL will ensure elements of GBV prevention, response, coordination and advocacy are in accordance with the following guiding principles:
Safety and Security: Ensure the safety of the survivor, child and family at all times. In all types of cases, ensure that s/he is not placed at risk of further harm by the assailant.
Confidentiality: Respect the confidentiality of the survivor, child, and their family at all times. If the survivor gives his/her informed consent, share only relevant information with others for the purpose of helping the survivor, such as referring for services.
Informed Consent: All actors must receive informed consent from the survivor, or legal guardian if working with a minor, prior to any response service or sharing of information.
Respect: Offer information about available support services and respect the choice of the survivor concerning which services s/he wishes to access.
Non-Discrimination and Impartiality: Ensure non-discrimination and impartiality in all interactions with survivors and in all service provision.
Do No Harm: When documenting, reporting, monitoring or providing a service to a survivor, ensure that risks are not greater than the benefits to the survivor.
Best Interest of the Child: In all cases concerning a child, the best interest of the child should be the primary consideration. Apply all the listed guiding principles to children, including their right to participate in decisions that will affect them. A child should be listened to and believed in, and their concerns should be taken seriously.
‘Do no harm’ approach: A „do no harm‟ approach involves taking all measures necessary to avoid exposing people to further harm because of their actions.
1. CROSS CUTTING ISSUES Accountability to Affected People
AFELL will endeavor to create an environment that reduces the opportunities for power irregularity to be exploited and ensures interventions are relevant, inclusive, and accessible to those most marginalized and at risk of being left behind. The provision of advocacy for women, girls and marginalized groups will be well coordinated with relevant stakeholders including women human rights defenders, in consultation with victims. Prevailing feedback mechanisms such as safety audits, perception surveys, and reporting mechanisms will be used to informed future engagements.
Coordination and Collaboration with Other Rights Defenders
Advocacy against Gender Based Violence across Liberia will form a key component of AFELL‟s prevention and response strategy. This will be done in collaboration with CSOs working on women rights issues and women human rights defenders. AFELL in collaboration with other women rights advocates will focus on implementing joint interventions across all sectors, harmonizing Gender Based Violence response actions and human rights and gender mainstreaming and ensuring that frontline workers have capacity to refer a survivor who seeks support to GBV services or other services in a victim-centered way.
Key Audience or Targets of this Advocacy Strategy
Key target groups for which this Advocacy Strategy include decision-makers and influencers.
Decision-makers are those individuals or groups who can take decisions in relation to policies and programs that seek to promote, protect and advance the rights of women, girls and indigent persons. The primary target include the president, the cabinet ministers, the House of Senate, House of Representatives, funding agencies, UNCT women leaders, traditional leaders and community leaders among others.
Influencers are individuals or groups who have access to the decision-makers and who may be able to influence them. Influencers may become partners in the advocacy plan. The primary target typically includes women rights advocacy groups, women organizations, health-care professionals, faith-based groups, youth groups, opinion leaders, the media, international leaders, entertainment and sports personalities, teachers, professors, and researchers.
In addition, this Advocacy Strategy is intended to benefit victims of gender-based violence, marginalized groups, and general rights holders. Empowerment of rights holders to claim their rights are critical and the strategy promotes awareness/capacity building to ensure that they are made aware of their rights and avenues for redress are available to them.
Linkages with Longer-Term/Development Activities
Recent survey conducted by AFELL indicates that the rage of violence against women and girls girls in Liberia is deeply rooted in the culture of gender inequalities and unequal power relations.
As a result, AFELL‟s advocacy strategy against Gender Based Violence will place emphasis on advocacy engagement with influencers for law reform to ensure laws are human rights and gender sensitive laws; community-based interventions that influence positive sociocultural norms, as well as build capacities and mechanisms at county and communities‟ levels that address Gender Based Violence, promote equality, and address harmful practices. This approach will not only reinstate survivors to their previous conditions but focus on rehabilitation, healing and aim to build their resilience. Additionally, AFELL will continue to work in close collaboration with the Government of Liberia to prioritize …..
IMPLEMENTATION, MONITORING, LEARNING AND EVALUATION
The monitoring of the implementation of this plan, AFELL will develop a Performance Management Plan ensuring that all their programmes are implemented in accordance with the guiding principles and Standard Operations Procedures of GBV advocacy. Evaluation will be conducted by various AFELL bodies, external partners particularly the Ministry of Gender Children and Social Protection to assess the impact of interventions, the GBV trends and patterns as well as to establish beneficiary perceptions on programmes.
RESOURCE REQUIREMENTS
It is obvious that to achieve this Human Rights Advocacy strategy for GBV prevention will require funding as well as human rights publications and resource materials including logistics. These are costed for in the chapter on costing in the Strategic Plan itself. The AFELL Strategy Plan details the strategy for resource mobilization pages 28 – 29.
Capacity
The Association of Female Lawyers of Liberia (AFELL) has a very strong human resource capacity. The association secretariat and many of its members are all female lawyers with expertise in advocacy for rights of women, children, and indigents, and in litigating GBV cases as well as utilizing Alternative Dispute Resolution mechanisms for non-criminal cases. The Association also enjoys national and international recognition by legal authorities, CSOs and the general public.
Over the next five years, AFELL will consider key strategic areas of human rights concern and will strive to focus its advocacy on those concerns to enable transformative action and collective respect for human rights and social justice especially respect for the rights of women, girls and other vulnerable groups.
Cost of the Response
The cost for implementing this Human Rights Advocacy Strategy Plan for GBV Prevention and Response over the next 5 years derives from the results matrix that shows activities with related outputs and outcomes that are costed. The EFELL strategic plan provides an estimated requirement of $1.5M is the minimum financial resources needed for prevention and response to gender based violence programming in Liberia and is subject to change as the needs evolve throughout the year. This estimated cost is for direct investments to core programmes such as GBV case management, women and girl‟s friendly spaces, clinical management of rape, among others. The costing also recognizes that apart from standalone, core GBV programming, additional costs may be required to ensure safety and effective working environments for staff.
Human Rights Advocacy Matrix 2023 – 2028
Advocacy Objective: Advocacy on access to justice to bridge the gap between existing laws and practice so that women, girls, and other marginalised groups can draw upon the laws and policies to live free from violence. | |||||
No | AFELL’S Areas of Human Rights Concern | Key Partners (Decision makers/ Influencers) | Advocacy Strategy | Success Indicators | Expected Result/ Audience |
Domestic Violence Inheritance Rights Land Rights Divorce / Abandonment Child Abuse Child Neglect Harmful Practices Discrimination Political Prejudices and Biases Human rights violations against indigents Sexual Exploitation and Abuse Human Trafficking Advancement of women in political participation Women and children health rights | Jud., MoJ, INCHR, MOH, Min. of Gender, National Legislature, NCSCL, women human rights defenders, Traditional Leaders, OHCHR, UNWOMEN, UNDP | Create awareness and capacity building with institutions, individuals and communities to promote understanding of legal provisions relating to GBV and interrogating discriminatory practices against women and girls, highlighting women‟s contribution to society and ensure women‟s input in decision-making Advocacy with partners in the referral pathway to ensure that victims are supported to claim their individual and collective rights to live free from violence Advocacy to ensure that formal and informal justice systems are victim centred to ensure that services are accessible, responsive, and accountable to the that needs of victims. | Proportion of women reporting forms of domestic violence to law enforcement officials or initiating legal action Institutional reform that are human rights and gender sensitive Percentage of GBV violence complaints speedily responded to per year by duty bearers Proportion of formal investigations of law enforcement officials for cases of rape resulting in redress or prosecution | Increase in the number of women claiming their rights and advocating for the protection of their children Public knowledge about gender-based violence and options to remedy increased Policies and procedures for rapid response to victim‟s needs modified Formal investigations for cases of GBV resulting prosecution or redress conducted |
Objective 2: Advocacy at the national, district and community level for the review and adoption of laws and policies promote gender equality, increase legal protections for women against GBV and support comprehensive GBV service delivery | |||||
1 | Domestic Violence Inheritance Rights Land Rights Divorce / Abandonment Child Abuse Child Neglect Harmful Practices Discrimination Political Prejudices and Biases Human rights violations against indigents Sexual Exploitation and Abuse Human Trafficking Advancement of women in political participation Women and children health rights | Advocacy to strengthen the legal framework to better protect women and girls from various forms of gender-based violence and advocacy to review laws and policies to ensure enhanced protection of women rights Advocacy on compliance with international standards including domestication /ratification of international treaties to promote the rights of women including the Maputo Protocol, domestication of Article 7 of CEDAW and the African Union Protocol protection mechanisms for African women Advocacy to accelerate implementation of the Gender Equity Act to ensure 30 percent representation of women in the National Legislature | Review of laws and policy and holding of meetings or forums on reforms of laws affecting women with actionable results Number of ratified laws affecting women rights domesticated Adoption of policy and actions by relevant actors to support women participation in politics | Enactment of a law including the New Domestic Relation law, ensuring child custody for mother as opposed to the father, law banning FGM and increase in the number of cases before the courts enforcing stiff punishment for perpetrators. Increase the number of women in the legislature by 2028 national elections Improved awareness and perception of the role of | |
women as effective decision makers in government improved | |||||
3. | Advocacy Objective: Promotion of access to justice for victims of GBV through provision of pro bono legal services to victims of GBV and establishment of legal aid clinics | ||||
Domestic Violence Inheritance Rights Land Rights Divorce / Abandonment Child Abuse Child Neglect Harmful Practices Discrimination Political Prejudices and Biases Human rights violations against indigents Sexual Exploitation and Abuse Human Trafficking Advancement of women in political participation Women and children health rights | Advocacy through public interest litigation to address systemic gender issues and support public interest litigation on discriminatory provisions in relation GBV laws and coordination with targeted institutions with the capacity to litigate strategically. Advocate for the provision and organisation of legal aid clinics to provide legal counsel for women, children and indigents utilizing litigation or Alternative Dispute Resolution in non-criminal cases | Proportion of cases presented before the courts Proportion of victims provided with legal assistance and aid Proportion of legal aid clinics set up and functional and proportion of legal representations made per year | Judicial rulings on compliance of provisions with the constitution and international human rights standards Cases of domestic violence and harmful practices investigated, resolved and adjudicated by courts or other mechanisms |